BIA HOLDS MENTAL HEALTH NOT A FACTOR IN ASSESSING WHETHER A RESPONDENT WAS CONVICTED OF A “PARTICULARLY SERIOUS CRIME” UNDER INA §241(b)(3)(B).

On July 17, 2014, the Board of Immigration Appeals (BIA) found that a person’s mental health is not a factor to be considered in analyzing whether he or she was convicted of a “particularly serious crime”, holding that such an inquiry does not involve an examination of a respondent’s personal circumstances and equities. The BIA stated that one’s mental condition does not relate to the pivotal issue, which is whether the nature of the crime, the sentence imposed, and the circumstances and underlying facts indicate the person poses a danger to the community, a finding which bars one from establishing eligibility for withholding of removal. Mater of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014).

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